Seitz v. Mark-O-Lite Sign Contractors, Inc.

Superior Court of New Jersey510 A.2d 319 (N.J. Super. 1986)

Facts

George Seitz (plaintiff) hired Mark-O-Lite Sign Contractors, Inc. (Mark-O-Lite) (defendant) to restore and replace a neon sign marquee. The project necessitated sheet metal work, which Al Jorgenson, a Mark-O-Lite employee, was scheduled to perform. Jorgenson was the only Mark-O-Lite employee capable of performing the expert sheet metal work the job required. Jorgenson, however, was not named in the contract. Jorgenson had a debilitating diabetes condition and after the contract was signed, required an extended stay in the hospital. At this point, Mark-O-Lite informed Seitz that it could not perform its duty under the contract because of Jorgenson’s unavailability. Mark-O-Lite also contacted other sign companies, but found that they would charge Mark-O-Lite too much to make it economically feasible to contract out the work that Jorgenson would have done. Eventually Seitz hired a different sign company to do the work and was charged $7200 more than the price in the Mark-O-Lite contract. Seitz brought suit to recover that amount.

Rule of Law

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Issue

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Holding and Reasoning (Milberg, J.)

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A "yes" or "no" answer to the question framed in the issue section;

A summary of the majority or plurality opinion, using the CREAC method; and

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